MUKRI, 031217017338 (2016) PENYITAAN DAN PERAMPASAN HARTA PELAKU TINDAK PIDANA KORUPSI YANG DINYATAKAN PAILIT. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The title of this dissertation is “Seizure and Confiscation of Property For Perpetrators of Corruption Which Is Considered As Bankrupt’. The aim of this research is to analyze and find Philosphy of seizure and confiscation of corruption perpetrator’s property which is considered as bankruptcy and legal consequence of seizure and confiscation of corruption perpetrators property which is considered as bankruptcy toward seizure decision. The advantage of this research is specially giving benefit and give any input towards eradication of corruption regarding seizure and confiscation of corruption perpetrators property which is considered in bankrupt condition, this research is expected to give any suggestion for legislative body in making any laws and regulation systematically and it is not contrary each other. This research is legal research. The approach which is used in this research is statute approach, conceptual approach and case approach. Philosophical reason of seizure of corruption perpetrator property which is considered as bankrupt based on 5 things, (1) investigating, prosecuting, and examination in corruption court should become priority other than the other case, (2) corruption which is related with state interest, (3) seizure in corruption to prove that there is additional property and on behalf of seizure, (4) appeal to stated that the company bankrupt in Bankruptcy Law is very easy, (5) Bankruptcy is general seizure of whole of debitor’s property. The philosophy of appropriation of the bankruptcy estate is: (1) a bankruptcy petition in bankruptcy law is very easy. (2) Bankruptcy is a general confiscation of the entire assets of the debtor. (3) Seizure of corruption perpetrator property to satisfy justice for people and (4) on behalf of state interest to return state financial. Legal consequences of seizure in corruption perpetrators property can be classified as bankrupt towards bankruptcy decision is poseponement of implementation of bankruptcy decision, It can effect for the condition of conducting or executing bankrupt decision. Conflict of norm in seizure provision in corruption law and bankruptcy law cannot be solved through implementing preference principle and for this era can be the guidance of supreme court Number 156 K/Pdt.Sus/2015. The solution which I propose in this research is there should be change in Article 31 of Bankruptcy Law regarding legal consequence of bankrupt decision of seizure and confiscation of corruption perpetrator’s property and enactment of law regarding seizure of property should be fasten to support prevention and eradication of corruption.

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